346, Construct a cabana, Miscellaneous, OtherA c 3122 !ID4350r.v.
AGREEMENT FOR J0INT USE AND MAINTENANCE
a OF A PRIVATE DRIVEWAY
t.1..,,
THIS .AGREEMENT made ono entered into as of this i` - .:„1-
and between, FFF Sr'
E:ARLE L. HENDRICKS and MIRJ _
1HENDR1CKS. husband and wife,
hereinafter sometimes referrea
this agreement collectively as
-H1 NDRICIti
k LIIABETH S. BARNES, ■n ur..:.a--
< woman, dealing with her sole an:. aa-ate
311, 0 5 22 „
property, hereinafter sometimes —e a -c-
� q to in this agreement as
t'1i''3tIt -BARNES .
en�
W 1 T N E S S E T H:
RECITALS
He..tricks is the record owner of a certain parcel of rea
pr,pert} in the City o1 Rolling ,fills, County of Los Angeles, State
California, described as follows:
Those portions of Lot "H" of the Rancho -Loa Palos t'er_es
In the City of Rolling Hills, County of Los Angeles, St .e
California allotted to Jotham Bixby by decree of partai- • -
in action .tBixby, et al., -vs- bent, et al.,- Case No. If':
in the District Court of the 17th Judicial District of sa::
state, and in and for said county of Los Angeles, and er. try
In Book 4, Page 57 of Judgments, in Superior Court of sa
county, described as follows:
Beginning at the northwesterly corner of the land des:r•`eti
in Parcel No. I of deed to J. M. Townsend and wife, rem"tier
to Book 21078, Page 391 of Official Records of said C o N3
thence along the easterly line of the land deacribed in Parma-e.
No. 1 of deod to Carl R. Erickson, recorded in Book 2:41:.
Page 286 of said Official Records, North 13'37'50" Ear
266.57 feet to an angle point therein; -thence continuusf a *'
said .ast :mentioned Liar North 31'42' 10" East 120. Oc .t to
the true point of begtining; thence South 43'09'25" East
102.41 feet thence North 66'40'20" East 190,10 feet. e-en.e
South 22'12'10" East 106.61 feet, thence South 41.11'2E
East 323.94 feet to a point in the southeasterly bounder. -•
MA10►1, KleaJY, MIGAAANH AlVD WMSTMNI
•r70arfYt
SUM 101 . m enar OMAN aouUVAAO
ur+a aGOOA cMirrNrsw aoaor
nnr.ors 417.0►11
z.LaShasso
1
2
3
4
e
t
7
e
9
10
11
12
13
14
15
16
17
1e
19
20
III That the real property described in the foregoing Recitals I and 11 hereof
22 are adjoining parcels of land having at least one common boundary.
23
1 D4350 604
the land described in Parcel No. 1 in deed to Elwooc
Compton recorded in Book 21868, Page 437 of said
(Xfictal Records, distant thereon South 36'47'20" A'eit
218.56 feet from an angle point therein; thence along
the exterior boundary of said parcel the following courses
and distances; North 36'47'20" Fast 218.56 feet, North
46'23'00" West 124.08 feet, North 11'12'20" East 351.56
feet, North 79'02'50" West 271.30 feet South 59'28' 10"
West 2.11..73 feet, and south 31'42'10" West 210..i2 feet
to the true point of beginning.
11
That Barnes is the record owner of that certain improved parcel
the City of Rolling 1lilis, County of Los Angeles, State of California,
drucribed as follows
That portion of Lots 56 and 57 of L. A. C. A. No. 51 in the
County of Los Angeles, State of California, ss per map
recorded in Book 1, Page 1 of Assessor's Maps, in the
office of the Recorder of said county, described as follows
Beginning at the most westerly corner of said Lot 56, thence
along the northwesterly boundary thereof, North 13'37'50"
East 266.57 feet and North 31'42' 10" -Last 120.00 feet,
thence, leaving said boundary, South 43'09'25" East 102,41
het; thence North 66'40'20" East 190. 10 feet; thence South
22'12'10" East 106.61 feet; thence South 41'11'25" East
323.94 feet to a point In the southeasterly boundary of the
land described as Parcel No. 1 In deed to Elwood Compton
recorded in Book 21868, page 437 of Official Records of
said county, distant thereon South 36'47'20" West 218.5(
ft,et from an angle -point therein, thence_along_the exterior
boundary of -said parcel the following courses end distances,
South 36°47'20" West 292.-16 feet and North 64'26'50" West
497,83 feet to the point of beginning.
That on September 5, 1968 the Rolling !tills Community
Rb Association of Rancho Palos Verdes, a non-profit California corporation,
28 Ili grantor, granted an easement to Barnes; said easement having been
In-e^orded September 12, 198R as Instrument No. 561 in Book D4129, page
Re 108 of Official Records in the office of the County Recorder of said l,oa
Angeles County, said easement being described as follows
29
30 Parcel No. 1. An easement for ingress and egress over
-2-
MAION. Ri►-a11', soccoAAN+ A►O wMSTMAN
ATTOIDirls
SUM 601 . Ill WIT MA 180 P. VMD
Lb/a MA[11, CALIPOaNIA 10107
TIIIP 4 41/4111
w.w•
R
• 4
cr04359: bU5
1 those purttuns of Lot •H of Rancho 1.ns Palos Vert:es, u: the
City of Rolling Halle, County of Los Angeler, State 4 California,
2 allotted to Jotham Bixby by a decree of partition in action
"Bixby, et al. vs. Bent, et al., " Case No. 2373, in the U:etr let
3 Court of the 17th Judicial Dist: ict of said , tate, to an.. fur
said Count of Los Angeles, and entered in Hook 4, Page 5;
4 of Judgments, in Superior Court of said county, included
within a strap of land 15 feet wide, the side lines of which are
8 7.50 feet on each side of the following described center line
•_ Commencini, at the southerly terminus of that certain course to
the westerly boundary of Lot 56 of L. A.C. A. No. 51 as per map
7 recurded to book 1 page 1 of Assessor's Maps, shown on said
map as having a bearing of North 13'37'50" East and a length of
8 266.47 feet, and being also the north•.:esterly corner of the 'and
described In Parcel 1 to deed to J. M. Townsend and wife,
9 recorded In book 21078 page 391, Official Records of said
county; thence along said westerly boundary, North 13'37'50
10 East 266. 57 feet to an angle point therein; thence continuing
along said westerly boundary, North 31 °42' 10" East 120.00
11 feet; thence leaving said boundary South 43'09'25" F:ast, 18.12
feet to the true point of beginning; thence North 31'42' 10" East
12 parallel with and 17,50 feet southeasterly of the westerly bound-
ary of said lot 56, a distance of 144.00 feet to the beginning
13 of a tangent curve concave westerly and having a radius of 30.00
feet, thence northerly along said curve, an arc distance of
14 21.47 feet through a central angle of 41'00'00"; thence North
9'17'50" West along a tangent line to said curve 49 feet, more
15 or less, to the center line of the road easement recorded
"March 15, 1950, in book 32575 page 385 of Official Records.
The side lines of said 15 foot wide etrtp shall be prolonged or
17 shortened to terminate in said course of South 43'09'25' East
48. 12 feet and prolongation and to terminate in the southerly__-
18 line of-the-5-0 foot wide strip of.land described in said easement
_ recurded in Book 32575 page 38.5, Official Records.
19 - - - -
20 '1 .tat aatd easement above described provides ingress and egress from the
1s
21 -property described in Recitals I anei 11 hereof to Georgeff Road, a private
22 a-reet.
23 IV
24 The parties hereto desire to enter into an agreement concerning
25 the use, proration of construction costa, anti future maintenance expense
28 1o( the paved driveway and three rail wooden fence now in existence and now
27 being used by the parties as cf the date of this agreement in and aloe.,/ the
28 easement described in Recital 111 hereof.
II9 IT IS NOW THEREFORE AGREED, for a valuable constdrration,
30 as tullows•
- 3 -
MASON, KIPaIY, KaGM.0 •4 AND WAISTMM4
ATTg11i17
5,111 101 - 111 WT CCIAW /OVt1VMa
1.064 01AC4. CAU/04,1A logl
T1t1h0d4 41/ -0171
• f ` , 1,•n '. . ' %-tt•Rc.4..ea 'Mt. cq
; e• i•��
! r. 0435U : 60e
1 A. The pat •.es hereto in December, 1968 constricted a paved
2 d: iveway on the easement described in Recital 11I above, said dz taring
3 2"0 feet long and 15 feet wide. Construction coats for the norther ly 135 feet
4 0l said driveway was the sum of $1025 which sum was paid by the parties
5 hereto in equal shares, each having paid the sum of $512. 5u. The cost of
6 c•metructing the remaining southerly 65 feet of said 200 foot drivewa• :s the
7 sJm of 3260 which sum was paid solely 'cry Barnes an-1 Hendricks is not Liable
8 to reimburse Barnes for ar.y part of saio sum.
9 B. Barnes has paid all costa of engineering and surveying
10 incurred in connection with the construction of said driveway and Hendricks
11 t.as not paid any part of said engineering or surveying coats and is not liable
12 to reimburse Barns for any part of said expenses.
13 C. Hendricks has paid all costs and expenses incurred by him
14 17 removing the driveway formerly used by Hendricks which was adjacent
15 t the new driveway andBarnes is not liable or responsible for the payment
18 ,1 any
part of said txpense or to reimburse Hendricks for any of said expense.
17 D. After the date of the execution of this agreement, -I' ,roes
18 - agrees to pay all costs and expenses (including tree trimming expense)
19 to maintain the southerly 65 fect of the driveway described in paragraph "A••
20 hereof and to save Hendricks free and harmless frcm any obligation to pay -
21 any part thereof.
22 E. After the date of the execution of this agreement llendricks
23 • an Barnes agree to pay in equal amounts all maintenance costs and expenses
24 (including tree trimming costs) incurred to maintain and repair the northerly
25 135 fect of said 200 foot driveway described -in Paragraph "A" hereof.
24 F. T.:^ parties hereto in December, 1968 caused a three •
27 i ail Willing Hills type wooden fence 80 feet in length to be ••onstructed
28 along the westerly side of the northerly 60 feet of the easement described in
II9 Recital III hereof at a cost of $132.00, which sum was paid by the parties
is -4-
MASON. Knaly. PtaGMAM1 ANO WAMSTMAN
ATTOufi'1
IurIl bi , 111 /AR OCEAN aONUVAAO
1.0.62 MACS. CAL MgW1A 40101
151.1n10.d 4174►11
!ow -fir.
7Yi
J"�
1 meet.; in equal shares, each having paid the :..re*, :(
2 G. After the date of the e•x••r•,tn,n of tint- agreement
3 p+•rues, lienaricks and Barnes agree t:, pa. u, .•y: a: •.:n n,ntc .I u•• e:,e r
4 and repair costs (including painti^g) for- said b') I ••,t threera.. a •. n.••, :o:,: e,
5 ff. ifendricks agrees and Then hrrehi c,rr t t:•)iarnen a n.n,-
exclusive right and priv:'ege te, pass and repass •,ver the easement drr;,•r,hed
7 in Recital I11 hereof for the purpose of providing Ingress and rues,. t., the
E real property owned by Barnes, which pr,perty is drticrit,ed ni H•I its'• II
9 h'•reof.
10 1. Thr covenants and agreements math by the I,artnen a act. t„
I1 tl e other relating to maintenance and repair u( the Laved drive•aa. and Hirer
12 rail wooden fence constructed by the parties on the easement described In
13 IIrcital Ill shall terminate and cease and be of no further force• and effect wilt-,
14 ti .• ;tolllug Hills Community Association of Rancho Palos Verdes makes said
16 driveway apart of the private road system maintained by said Association.
16— — .1. This agreement shaU he binding on the successors and-
17 assigde of the par -ties --hereto. - - le 1".. i:. That each of the Recitals numbs. e•d 1 through 1Il inclusive
19 .ere made a part of this agreement the same as if each of said Recitals had_
20 1 ten set forth in full herein.
•
21 IN WITNESS WHEREOF the parties hereto have ei utpd thi
22 isgreesnent on the date and year first gyve written. , /
/ /
t.AHI.r. L. II 1)1 LKS
24 r
.fifi /
20 :MAN L. I1bNUHFI.lS
9 •1 •.,, �' _ :4rATE .t1•• CALIFORNIA
26 1 -et-;
R*� ct)t'NT1' OF Lt)S ANGELES 1
On the RI, day of t`
30 1
'oldie in and for said county and state, personally appeared EARL1. L.
MASON, KIN.EV, stRG U 4 AND WA[STMAN
ArtdINIY1
WTI ROI - 111 IAtt OOAA1 11OeAIVAA0
LOrO MA[N• CALIFORNIA *lee
Tle'ee0r41 41/.O1/1
.. ... .. art r ._ . -
is
J4
•t ; •t/^ rt`
1 r?t.NDRICKS and MIRA L. HENDRICKS. known to me to be the p.•ry..n. ..h..f
2 names are subscribed t, the within Lr.:+tr.tment ana at kn.'w.rigec : •ne th.Lt
3 they exec ated the same.
WITNESS my hand and "ff1c•:al seal.
AMC C. ccxlulratur
. • •i ✓S A. 6:U'. county
_.ems- .
Y, Carenasbos food DKcmpw 13.1979
8
9
10 S1 ATE OF CALIFORNIA -
-sti-
ll COUNTY OF LOS ANGELES
'i•t t�.. \. • t 1. t ✓,.
,7otary ruulie in ana for ti;t County ana
State.
III On the J It ,EL day of ' A . , 1965, before tne, a Notary
13 Public in and for said county and state; personally appeared ELIZAI;ET11 5.
14 BARNES, known to me to be the person whose name is subscribed to the _
Ie within instrument and acknowledged to me that she executed the same. -
23
sa
28
20
t7
25
99
30
WITNESS my hand and official seal. -
-
1 tary rUbllc In ana tor Nto Jaunty ano
State.
- 6 -
MASON, KINJJY, IdtGMA? 4 AND WA1STMAN
ttN1! 901 • fly IA0 OCL.m. so AIVAaO
Loma au.04 (J.1I1.0RNIA 11O101
111 3 ,,A ,,3 ..,.. t N u. (S F. ,k. E,C O R D C U M E N T
D E DO ��,.�� ,,, r
.1'.. .' • :.•:'
. .
• • •
• • of ?anafio ros Wesd.es
,
• -• .
(213) 437-(3973.
• ••••• • •
AI
(
• e_onvnunity
• . . • lion
ROLLING HILLS
•
.•
• • . . .
• •
CALIFORNIA
James M. Hall, Esquire
November 11, 1968
Page -2-
which would enable the Barnes to use the easement to Georgeff Road and
to contribute the sum of $512. 50 for the cost of constructing a new
driveway. It would seem to me to be highly advantageous for your client
to enter into this transaction and to execute the easement and agree to
pay the initial construction cost and to enter into a maintenance agreement
with the Barnes on an equitable basis. �.,: -
=n•Pv��
The Association; of course,, is the owner and holder of the easements _
• aroitnd..the perimeter of both the Hendricks and Barnes properties and
,....=': A M haY;. apacjt}t.has :grantecLtq 3arnes.an. easement.along_Hendricks_pro-._..Y_..��—
... perty 15.,feet: in width to Georgeff Road and the only reason for acquiring
. • a .non-exclusive easement. from Hendricks to Mrs. Barnes is to assure
_...•' > : ••••that:Mr.s.:: Barnes and' her successors would have a valid basis for. the
::.Z..V,..V,, '—:.]-. execution:"of.the'inairitenance.agreement and•to acquire any right Hendricks
-', - • .: • • 'mi ht. Piave ;as a:'rnember :of the Rolling Hills Community Association to 'use
�: r . _the easement...; ' .•. : • •
i
•' • -'!r 7-Y:. � `the•Barnes< would- add substantially to .the vlue of the Hendricks property
y in money value, but
;.�...:• ,.: ' :' , acid �v+iould. �make� it a. more desirable parcel not only
:• :...; :�;.; ';:.• :: also: in better; ingress.. and 'egress _for the Hendricks property to Georgeff
•
i• 1•••%. '....i." • ,;-•
•
I was of the opinion that I had a diagram of this area which I could forward
to.you' but.I do not seem -to have one and therefore cannot supply you with
the same'::.. .
If• you.have'any questions concerning this matter, please call..me and:I =
would appreciate hearing fromyou promptly. as to whether or .not Hendricks
is .willing to proceed with this matter, as, outlined above.•
WK:aet
:..: _ i. - .Very. truly yours, . .
/ ~ , • WILLIAM KINLEY, Attorne•
y. for . .
Rolling Hills Community Association
•
•
r"'" ;.' ' t2.0 eV1-4")